Can a person place me under citizens arrest if they didn't see me actually commit a crime?
Question Details: I was placed under citizens arrest because an undercover security worker saw me pick up an item from the shelf, and then later found the package empty. I was pulled over by the police for a burnt out 3rd brake light, and they searched me and found the item. Doesn't a citizens arrest require him to actually see the crime take place? Or for it to be a felony? He didn't actually see anything happen, he just assumed, and it wasn't a felony.
Criminal Defense Law Answers
California Penal Code mandates:
A private person may arrest another: 1. For a public offense committed or attempted in his presence. 2. When the person arrested has committed a felony, although not in his presence. 3. When a felony has been in fact committed, and he has reasonable cause for believing the person arrested to have committed it. (C.P.C. 837).
If you were unlawfully "arrested", you could pursue a civil action. However, I'm not completely clear as to all of the facts; without more specifics of the case it's hard to say. At this point you should consult with an attorney in your area.
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